Can remaining siblings claim a share in property given earlier?
Including my father there are 6 brothers and 3 sisters. However my grandfather has given property to my father and 2 uncles before he passed in 1996. Now all of remaining including sisters are claiming their shares in that land. So is it possible to have shared to them?
According to the Hindu Succession Act 1956 (amended in 2005), all children (sons and daughters) have equal inheritance rights in ancestral property, but if your grandfather had already transferred specific properties to your father and uncles through a legally valid gift deed or will before his death in 1996, then those properties become their personal assets and other siblings cannot claim shares in them. However, if these properties were ancestral properties and weren't properly transferred through legal documentation before your grandfather's death, then all siblings (including sisters) have equal rights to claim their shares.
Since your grandfather has divided his property between your father and two uncles, the other brothers cannot claim a right to such property unless it is pronounced ancestral. The Hindu Succession Act clearly states that if the property was declared ancestral, then they would be inheriting it equally, but self-acquired property was within the discretion of the owner to distribute. The disputes can be settled through family settlement or filing a partition suit in court, which would give an appropriate legal clarification about the respective claims and shares. It is always better to take the guidance of a legal expert.
Sir, if the property was ancestral, all heirs (including sisters) have equal rights to it. If it was your grandfather's self-acquired property, and legally transferred to your father and uncles then the remaining siblings may not have a claim unless there was no formal transfer or deed. It is advised to consult an expert lawyer for who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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